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Consumer Law
Consumer Protection
Violation of Proposition 65

Russell Brimer v. Deluxe Corp., Direct Checks Unlimited LLC, and Does 1 through 150, inclusive

Published: Mar. 1, 2014 | Result Date: Jan. 27, 2014 | Filing Date: Jan. 1, 1900 |

Case number: CIV1301293 Settlement –  $229,500

Court

Marin Superior


Attorneys

Plaintiff

Troy C. Bailey
(Voorhees & Bailey LLP)

Stephen E. Cohen


Defendant

William F. Tarantino
(Morrison & Foerster LLP)


Facts

Russel Brimer filed suit against Deluxe Corp., claiming violation of Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Brimer alleged that Deluxe manufactured checkbook covers with vinyl components that contained di(2-ethylhexyl)phthalate, or DEHP. DEHP was listed in Proposition 65 as a known health hazard.

DEFENDANT'S CONTENTIONS:
Deluxe denied Brimer's allegations, and maintained that its products were in compliance with all laws.

Result

The parties settled. Deluxe agreed not to sell any products containing more than 1,000 parts per million of DEHP. Deluxe also agreed to pay $135,000 in civil penalties, and $94,500 as compensation to Brimer for his fees and costs.


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